Varu Pandya 31 August 2015
Kumar Doab (FIN) 31 August 2015
Your office is under CCTV survillience.
You are terminated due to misconduct.Perfromance has nothing to do with misconduct.
You are dumped to lucrh in courts.
Your boss has also not supported you.
You can contest your termination, citing that no one was asked and no one including your boss followed it.
Or you can appeal to good offices of appointing authority,MD,Chairman.
Or just move on with life, and forget about it.
Varu Pandya 01 September 2015
Thank you for replying,
We have been tolled this decision was made by MD of company, but it is unfair, my immediate boss even tried to defend us as no one takes card punching seriously, we have never been warned or even intimated about this and all of a sudden they decided to terminate us,
Even though i want to move on with my life, i definitely want to teach some lesson to this company, they have done this wrong practice in pass as well with other employee we stood by such employees, and did complaint to HR that this in not right, but then those people moved on with life, i definitely want to take action
Kindly advice
Kumar Doab (FIN) 01 September 2015
T. Kalaiselvan, Advocate (Advocate) 05 September 2015
The termination without even a show cause notice may be illegal and can be challenged through labor laws. But the practice of getting your card punched through your wife is an illegal act on your part too. The photograph or video pictured through surveillance camera will be an evidence against you.
Kumar Doab (FIN) 06 September 2015
You and your spouse both are HR personnel.
You may be aware that standing orders (certified/Model) may apply to the company.
Does the company have its certified standing orders and if yes: does it cover your designation?
Or Does Model Standing orders apply to it?
The misconduct that is not listed in list of misconducts may not be Misconduct!
Moreover even your HOD was accused of this indiscretion!
If he/she is not terminated then : why you?
Since many were doing it then if this is unacceptable then it might be a minor indiscretion and penalty of termination may be disproportionate.
It shall be appropriate to show all employment related documents and pending dues to an able Labor Law Consultant/Service Matters lawyer/Law firm, before you proceed further on your own. If you can contest the termination order and ensure it is called back.